Friday, August 14, 2009

Sandown Public Inquiry appeal turned down?

Today's Courier has a small article on page seven with the headline Developer's inquiry appeal turned down.
The article states:
'A DEVELOPER appealing a decision by councillors to rerfuse planning permission for 550 homes and a business park on the outskirts of Nairn has had its wishes for a public inquiry ignored.'
However this morning the Scottish Government site still maintains that the case is still 'Ready for allocation to reporter.' You can see the inquiry file here plus all relevant documents.
The Courier article does rather confusingly state, 'However the final decision will rest with the Scottish Government on how the appeal should proceed.' This article also mentions that councillors 'agreed this week they would rather the appeal be heard at an informal hearing.'
Perhaps things will become clearer as the day proceeds.
UPDATE 2250: Scottish Government site still indicating case awaiting allocation of a reporter. Confused Courier causing confusion?

1 comment:

APTSec said...

Yes, it would appear that the Courier article is confusing - but then the whole subject is so complicated no wonder we are all confused.

My understanding (and I hope that I now understand correctly), futher to a conversation with a pleasant lady at the DPEA (Directorate for Planning and Environmental Appeals) is that the law changed on 030809.

Deveron Highland submitted their appeal before that date - 290709. So, as appellant they still have the right to be heard under that old system and choose the means of determination of their appeal, although the Local Authority is asked if these means are acceptable. If the local authority says they prefer another method of determination then the appellant is asked if this is OK but can say no.

After the 030809 parties will now be asked to state their preference for determination of the appeal,but the means of determination is then decided at Government department level based on a common sense approach to the complexities of the case.

I suggest a visit to

http://www.scotland.gov.uk/Topics/Built-Environment/planning/decisions-appeals/Appeals/AppealProcedures